Medical Malpractice...7 questions

what exactly is malpractice?


Malpractice may arise from a professional's misconduct or failure to use adequate levels of care, skill or diligence in the performance of the professional's duties that causes harm to another. Malpractice typically occurs if a professional fails to exercise his or her professional skills at the level of care, skill and learning applied in similar circumstances by the average reputable member of the profession. Comparison of performance is based upon the standard of care for the professional in the "community" - what other professionals in the same field do for their clients who are located in the same geographic area.

In order for malpractice to be actionable, injury, loss or damage must be suffered by the person who retained the professional's services, or those otherwise entitled to benefit from or rely upon the professional's services. If you have sustained losses due to the negligence of a professional, you should seek the advice of a malpractice attorney, and do so quickly to ensure your rights are preserved.

Can Doctors be the only professional to sue for malpractice?

In theory, any professional who renders services upon which you and others rely can commit malpractice. Often, the professional is licensed or regulated by the state.

Accountants, attorneys, actuaries, hospital, chiropractors, dentists, physicians, psychologists and therapists are typically the persons named in a "malpractice action." When others engage in malpractice, the action is usually not specifically called malpractice, but negligence.

Only those who hold themselves out as having special skills or abilities are held accountable in malpractice litigation. If you have sustained losses due to the negligence of a professional, you should seek the advice of a malpractice attorney, and do so quickly to ensure your rights are preserved.


What is medical malpractice?
Legal liability in most medical malpractice cases revolves around the concept of “negligence.” To win a medical malpractice case, you must prove:

1) the doctor had a duty to you (in other words, there was a doctor-patient relationship; e.g., if you call a new doctor on the telephone and talk to a nurse, a doctor-patient relationship has probably not yet been established);

2) the doctor did something in diagnosing or treating you that no reasonable doctor would have done in similar circumstances;

3) the doctor injured you; or

4) the doctor’s treatment errors caused your injury.

Although we refer to “doctors” in this material, a medical malpractice lawsuit can include all types of health care professionals: doctors, nurses, psychologists, and hospitals.

If you have sustained losses due to the negligence of a medical professional, you should seek the advice of a medical malpractice attorney, and do so quickly to ensure your rights are preserved.


If a surgery or procedure performed by doctor is NOT successful, is that malpractice?

Not every medical injury is the result of medical malpractice. Operations and treatments are not always successful; doctors don’t perform miracles. An unfortunate outcome or injury - even death – may occur, but unexpected circumstances do not mean that the doctor botched your surgery or treatment or committed medical malpractice. The law recognizes that medicine is not a precise science and that doctors cannot guarantee results. However, the doctor is liable if he or she does not live up to the appropriate professional standards.

For example, a doctor may commit medical malpractice if he or she fails to diagnose an illness, fails to do tests, makes surgical errors, delays treatment, or makes a medication error.

Medical malpractice litigation is usually highly contested, expensive, and strongly defended. It requires detailed knowledge of medical procedures and the use of expert testimony from other doctors. Medical malpractice cases require skilled legal advice. You are better served by having an experienced medical malpractice attorney weigh the pros and cons of filing suit and determining whether you should pursue the matter. Contact us immediately for experienced help.

Ok, what alternatives do I have instead of suing for malpractice?

Your first step could be to contact the profession who rendered the service. The professional may not be aware that there is a problem and that something needs to be done.

Most professionals are honest and diligent, although as they are still human they can make mistakes. Where the mistake can be corrected, many professionals who become aware of a problem take the necessary steps to provide a remedy -- without the need for any further action.

Most professionals welcome the opportunity to make things right when given the chance -- this helps you obtain immediate relief and lets the professional correct the problem before any others are hurt.

State regulatory boards and licensing authorities also often regulate the practice of professionals rendering service within the state. As part of the regulation of professional practices, these state agencies or organizations typically have review and disciplinary functions. Penalties and fines -- as well as the suspension or revocation of authority to render services in the state -- can be imposed by state agencies and organizations

If you feel that a professional has committed malpractice, and you have been damaged, you should consult with an attorney. That can set the wheels in motion both to enable you to recover for the harm you were caused and to stop offending behavior by that and other professionals. contact us

How to recover any damages due to malpractice?

Malpractice does not depend on "how nice" the professional was. What matters is what the professional did or failed to do. Would a similar professional in the community have done the same act or omission? Is there an injury, loss or damage as a result of the act or omission? Depending on your response to these (and similar) basic inquiries, there may have been actionable malpractice (i.e., malpractice that you can base a lawsuit on).

You yourself are rarely in a position to know whether or not there was malpractice, and the professional who performed the service may be unwilling to tell you he or she was at fault. Often an attorney has to hire an expert or consultant to help assess whether or not there was malpractice. Unless the facts are very clear, you generally would be asked to pay for the cost of that initial assessment.

If you have sustained losses due to the negligence of a professional, you should seek the advice of a malpractice attorney, and do so quickly to ensure your rights are preserved. contact us

Are emergency response teams , like EMR, firemen, even physicians exempt from Malpractice when they respond to an emergency situation?

Yes. Most states have enacted laws that protect medical and fire professionals from liability if they stop to assist at the scene of an accident.